A federal grand jury later indicted Weaver on one count of attempted bank robbery and two counts of causing death with a firearm during a crime of violence. Prosecutors have said the grand jury also returned special findings that could support a death sentence if Weaver is convicted.
Federal judge delays trial in Berea bank shooting case as death penalty decision looms
(ABC 36 NEWS NOW via LEX NEWS) — A federal judge has indefinitely postponed the trial of a teenager accused of killing two people during an attempted bank robbery in Berea while the U.S. Department of Justice decides whether to seek the death penalty.
Brailen Lee Weaver, 18, had been scheduled to stand trial July 28 in U.S. District Court in Lexington. But according to court documents, U.S. District Judge Claria Horn Boom granted a joint request from prosecutors and defense attorneys to continue the case while federal officials complete their review of a potential capital prosecution.
The court order, filed June 17, states that the U.S. attorney general has not yet determined whether the government will seek the death penalty. Defense attorneys also requested additional time to prepare mitigation evidence that could be presented to Justice Department officials as part of the decision-making process.
A status conference has been scheduled for July 22 in Lexington, according to documents.
ABC 36 News previously reported that Weaver entered a U.S. Bank branch shortly before 2 p.m. on April 30 and fatally shot employees Breanna Edwards, 35, and Brian Switzer, 42, during an attempted bank robbery.
